Search Legislation

Judgments Enforcement (Northern Ireland) Order 1981

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

Changes over time for: Section 52

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Judgments Enforcement (Northern Ireland) Order 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Order charging land to confer power of sale, etc.N.I.

52.—(1) Subject to the provisions of this Article and of Article 93, the owner of a charge under Article 46 shall, subject to the terms of the order, have, for the purpose of enforcing his charge, the powers of sale of a mortgagee under a mortgage by deed, within the meaning of the Conveyancing Acts 1881 to 1911, where the principal sum under the mortgage has become due and the power of sale has become exercisable; and, without prejudice to those powers,—

(a)he shall have the power to convey by deed the estate of the debtor in the land freed from all estates in the land inferior to the charge, but subject to all estates in the land having priority to the charge; and

(b)subject as aforesaid and to paragraph (3), he may, for the purposes of sale, apply to the High Court or, subject to Article 12 of the County Courts (Northern Ireland) Order 1980 [1980 NI 3] , to the F1... county court for possession of the land or any part thereof; and on such application the court may order possession of the land or that part thereof to be delivered to the applicant;

and section 21(2) of the Conveyancing and Law of Property Act 1881 [1881 c.41] and section 5(1) of the Conveyancing Act 1911 [1911 c.37] shall have effect for the protection of the purchaser of any such land as aforesaid.

(2) Where the owner of such a charge on registered land has exercised his power of sale under this Article, the charge and any estate in the land inferior thereto shall upon registration of the purchaser be discharged.

(3) Except with the leave of the High Court or, subject to Article 12 of the County Courts (Northern Ireland) Order 1980, the F2... county court, this Article shall not confer any power of sale on the owner of a charge of which notice has been registered under Article 48(1).

(4) Nothing in this Article shall operate so as to discharge any entry on any register in the Land Registry relating to a right conferred or defined by regulations under section 4 of the Turbary (Ireland) Act 1891 [1891 c.45] or under section 21 of the Irish Land Act 1903 [1903 c.37] as extended by section 26 of the Northern Ireland Land Act 1925 [1925 c.34] (which relate to turbary).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources